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PML Act: Section 24 Presumption can be Rebutted only at Trial Stage

May 31, 2023 1518 Views 0 comment Print

Jharkhand High Court ruled that presumption under Section 24 of Prevention of Money Laundering Act can only be rebutted during trial stage

In absence of Section 148 notice Section 245C(1) settlement application was invalid

May 31, 2023 1116 Views 0 comment Print

In the case being analyzed, the Delhi High Court referred to Explanation (i) to Clause (b) of Section 245A to determine whether the proceedings for assessment or reassessment had commenced for the assessment years 2012-13, 2013-14, and 2014-15. The court concluded that based on a plain reading of the explanation, no such proceedings had commenced during those years. As a result, the court upheld the decision of the Income Tax Settlement Commission to deem the petitioner’s application under Section 245C(1) invalid for those assessment years.

Jharkhand HC Allows Revocation of Cancelled GST Registration by June 30, 2023

May 31, 2023 2991 Views 0 comment Print

Jharkhand HC held that cancelled GST registration can be revoked until June 30, 2023, as per the notification issued by CBIC.

Guwahati HC Sets aside Order Rejecting Zimma of Seized Areca Nuts

May 31, 2023 2622 Views 0 comment Print

Guwahati High Court reverses rejection of zimma for seized areca nuts in Anowar Hussain’s case. Petitioner allowed to file a new petition with strict conditions.

Calcutta HC Sets Aside Assessment Order due to Violation of Natural Justice

May 31, 2023 1569 Views 0 comment Print

Calcutta High Court has overturned the order passed under Section 148A(d) of Income Tax Act and restored the matter to the stage of 148A(b).

UPGST: Allahabad HC Upholds Penalty based on Corroborative Evidence

May 31, 2023 900 Views 0 comment Print

Allahabad High Court has upheld the tax penalty imposed on Jalsa Resorts under Section 74 of the Uttar Pradesh Goods and Service Tax Act (UPGST Act). The court found corroborative evidence supporting the imposition of the penalty.

Issuance of Notice & Reassessment Beyond Six Years Barred by Limitation

May 31, 2023 2346 Views 1 comment Print

Calcutta High Court has recently ruled that the issuance of notice and initiation of reassessment beyond six years is barred by limitation

Classification & taxation of LAN connection cables (CAT-5 & CAT-6) under Rajasthan VAT

May 30, 2023 1893 Views 0 comment Print

Whether the LAN Connection Cable (CAT-5, CAT-6) is taxable under S. No. 3 or 24 of Part A of Entry No. 65 of Schedule-IV or at General Rate as per Schedule-V appended to the Rajasthan Value Added Tax Act, 2003

Power of reopening an assessment is a ‘power’ which should be exercised with adequate reason

May 30, 2023 1497 Views 0 comment Print

HC set aside SCN issued under Section 148A(b) & consequential orders on the grounds that the opportunity of being heard provided at first instance should be an effective opportunity, since, the power of reopening an assessment is a ‘power’ which should be exercised with adequate reason.

ED directed to continue investigation in recruitment scam in municipality

May 30, 2023 1155 Views 0 comment Print

Calcutta High Court dismissed the review petition and directed the ED (Enforcement Directorate) to continue the investigation in the recruitment scam in municipality.

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